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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2014.08.28 2014노2369
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not commit a crime under paragraph (1) of the facts charged.

Although there is a fact that the defendant received documents from the Gu and the Gu, there is no fact that he received documents from the victim F.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

B. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant filed an appeal on the assertion of mistake of facts on the ground of mistake of facts by denying a part of the crime when he/she was led to the confession of all the crimes of this case in the court of original instance.

However, in light of the importance of the statement in court as to whether to admit the facts charged, it is not reliable to reverse the confession voluntarily made by the defendant in the court of original instance, unless there are special circumstances.

In this case, the confession in the court of the court below is not reasonable in itself as to this case.

There is no circumstance to see that there is a conflict or contradiction with other circumstantial evidence shown in the record and that there was no circumstance to see that there was an impact on the voluntariness of confession of the defendant.

(2) The Defendant, who was a co-offender of the instant crime, stated in the court that the Defendant was receiving assistance from his defense counsel, and the defense counsel also stated in the court that recognized the instant facts charged. As above, the Defendant’s confession in the court of original instance and other evidence duly admitted and investigated by the court below, namely, the victim F, on April 27, 2012, immediately after the Defendant was victimized by the fraud, stated that the Defendant was using a color franxG vehicle, and that the number of the vehicle was Qu, and that the Defendant was the co-offender of the instant crime, and that the Defendant was victimized by the Defendant due to the Defendant’s accomplice.

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